Neighbour threatening to tarmac over my inspection chamber

Easement12

Hello, we have an inspection chamber located just outside of our property boundary. This inspection chamber is where our drain from an upstairs bathroom joins a shared drain.

Our neighbour is looking to widen his driveway, over the land where this inspection chamber is located and has told me that he will be 'dropping and covering' this inspection chamber. The widening of his driveway will take in a small piece of unregistered land that sits between our two boundaries. I'm not too concerned about him taking the land, but do not want us to have issues in future if this drain cannot be accessed.

Is there anything we can do to stop him? Will our water provider (Thames water) back us up here? I heard as a rough guide, if a drain/inspection chamber is not on our property then our water provider is responsible for maintaining it but this rule does not always stand. I am trying to get in contact with Thames water developer services but this is proving a slow process. Appreciate any help or suggestions!

Slinky

Are you sure you are not just misunderstanding his intentions? When we had a patio built, the landscapers installed chamber covers that they cut the patio stones to fit inside that lessened the visual impact of the cover.

This sort of thing https://www.pavingexpert.com/recess01

Easement12

Slinky said:

Are you sure you are not just misunderstanding his intentions? When we had a patio built, the landscapers installed chamber covers that they cut the patio stones to fit inside that lessened the visual impact of the cover.

This sort of thing https://www.pavingexpert.com/recess01

I would be happy with this solution but he has been quite clear that he intends to cover it with tarmac. I highlighted my concerns and was told 'move my drain then'. Stupidly, if he does tarmac over our drain, it could cause him problems also as this inspection chamber is where our drain joins his.

To add, he has already chopped a few inches off the top of the pipe, so the lid now sits lower in the ground. I clearly told him not to touch this drain and that he did not have my permission to tamper with it.

Section62

Easement12 said:

Hello, we have an inspection chamber located just outside of our property boundary. This inspection chamber is where our drain from an upstairs bathroom joins a shared drain.

Our neighbour is looking to widen his driveway, over the land where this inspection chamber is located and has told me that he will be 'dropping and covering' this inspection chamber. The widening of his driveway will take in a small piece of unregistered land that sits between our two boundaries. I'm not too concerned about him taking the land, but do not want us to have issues in future if this drain cannot be accessed.

Is there anything we can do to stop him? Will our water provider (Thames water) back us up here? I heard as a rough guide, if a drain/inspection chamber is not on our property then our water provider is responsible for maintaining it but this rule does not always stand. I am trying to get in contact with Thames water developer services but this is proving a slow process. Appreciate any help or suggestions!

The pipe probably becomes a public sewer where it crosses the boundary between your property and the adjacent land, which means it is likely the inspection chamber is one on a public sewer and therefore the responsibility of Thames Water.

Thames Water would take a dim view of someone paving over one of their inspection chamber covers, so make sure you report it to TW as a potential risk of harm to their asset.  Thames Water would be liable if there is a blockage in the pipe and this causes flooding - and having an inspection chamber inaccessible would hamper their ability to clear the blockage ASAP.  Make sure you highlight to TW that the inspection chamber is on their shared sewer, rather than describing it as 'yours'.  If you do the latter they are likely to tell you it is a civil matter between you and the neighbour.

What purpose does the unregistered land have?  Does it provide access to the rear of the properties, and if so, is it just the two of you, or could other people use it?

Easement12

I've just heard from Thames Water and they did not have the map to confirm if the inspection chamber was private or public but suggested that it is probably public from the sound of it. They do not have powers to prevent him from paving over it so will not act here, even though this may result in a much more expensive job for them in future if there is a blockage. Not much help at all really. If there was to be a blockage, I would hope that they would foot him the bill for any work they have to do to access the covered inspection chamber or maybe even prevent him from covering it again.

The unregistered land sits between our boundaries, adjacent to a shared driveway that runs between the two properties. The area is a small flower bed, which will be taken up and covered in tarmac so that he now has a wider driveway. There are a further two properties at the back that use this driveway, and the newly paved area will just provide a wider driveway.

sevenhills

Easement12 said:

The widening of his driveway will take in a small piece of unregistered land that sits between our two boundaries. I'm not too concerned about him taking the land, but do not want us to have issues in future if this drain cannot be accessed.

Is that normal to have unregistered land between two properties, are you meaning the public highway or right of way?

Easement12

sevenhills said:

Easement12 said:

The widening of his driveway will take in a small piece of unregistered land that sits between our two boundaries. I'm not too concerned about him taking the land, but do not want us to have issues in future if this drain cannot be accessed.

Is that normal to have unregistered land between two properties, are you meaning the public highway or right of way?

It is an unusual situation, the area is not adopted highway. It is adjacent to a private driveway and is a small strip (~1M x 4M). It is not necessary to drive over currently, the existing shared driveway is plenty wide enough.

ashe

Surely the solution is to extend your driveway into that area before he does 😂 claim your drain wouldn't be on it if it wasn't yours. 

ThisIsWeird

Easement12 said:

Stupidly, if he does tarmac over our drain, it could cause him problems also as this inspection chamber is where our drain joins his.

To add to what S62 said, the fact that more than one property uses this sewer will make it a public sewer, and not your private one. (And it's outwith your boundary).

E12, you need to start evidencing what he is doing, as he sounds like an 'ole. So, lots of photos, and then set your camera to 'record' and talk to him.

Q's to ask; "You do know that your sewer connects here too, don't you? That makes it a public sewer and the responsibility of Thames Water." 

Should an issue occur in future, you don't want him saying - as he likely will "We all dun it - my neighb agreed."

You also should log the date and time of your comms with TW, and write down what was said.

Not sure what to do about the land, but if you are not concerned about it being tarmacked over, then try and persuade him to fit a proper removable cover at least. Do this as part of your recorded chat; say clearly that you disprove, but if he continues, this is evidence that he did so off his own bat only, so will be 100% responsible.

(Your recording can be surreptitious or overt - your call.)

Easement12

ashe said:

Surely the solution is to extend your driveway into that area before he does 😂 claim your drain wouldn't be on it if it wasn't yours. 

That would be a solution.. but we have a wall bordering out boundary that would be quite expensive to move. I think the drain was quite cleverly placed just outside of our boundary but not on his land, we didn't even realise it was there ourselves until quite recently as it was hidden under some shrubs.

Easement12

ThisIsWeird said:

Easement12 said:

Stupidly, if he does tarmac over our drain, it could cause him problems also as this inspection chamber is where our drain joins his.

To add to what S62 said, the fact that more than one property uses this sewer will make it a public sewer, and not your private one. (And it's outwith your boundary).

E12, you need to start evidencing what he is doing, as he sounds like an 'ole. So, lots of photos, and then set your camera to 'record' and talk to him.

Q's to ask; "You do know that your sewer connects here too, don't you? That makes it a public sewer and the responsibility of Thames Water." 

Should an issue occur in future, you don't want him saying - as he likely will "We all dun it - my neighb agreed."

You also should log the date and time of your comms with TW, and write down what was said.

Not sure what to do about the land, but if you are not concerned about it being tarmacked over, then try and persuade him to fit a proper removable cover at least. Do this as part of your recorded chat; say clearly that you disprove, but if he continues, this is evidence that he did so off his own bat only, so will be 100% responsible.

(Your recording can be surreptitious or overt - your call.)

He is not the nicest to deal with. On the day they were prepping the ground for tarmacking (this was done last week so tarmac must be imminent) I took some photos of the drain, including one with an angle grinder on the floor next to it, shortly after it had been chopped down and recovered. I explained to the workman doing the work that it was my drain (not on my neighbours property) and that he did not have my permission to tamper with it. He went ahead 'just doing what I'm told'. I have some recordings from a ring camera and photos with numberplates of workmen's van etc.

I was also considering sending a letter by recorded mail detailing the situation; my drain not on his land, I have clearly told him not to touch, so that he has no claim of ignorance or my agreement. When he told me of his intention I told him that we would need to address my drain, and he told me 'move it into my garden'.. I am not prepared to move my drain at my cost, I would accept him putting an appropriate cover on it at his cost.